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Five plead guilty in gas station robbery case



VALE — All five of the codefendants charged in an armed robbery of an Ontario gas station in January have pleaded guilty in Malheur Circuit Court, and three have yet to be sentenced.

Loren Stewart, 20, Payette, Juvenal Pineda, 19, Ontario, Clemente Pineda, 22, Vale, Heriberto Leyva, 18, Vale, and Osbaldo Ernesto Bedoya Perez, 19, Nyssa, were all arrested and charged in connection with a Jan. 4 armed robbery of the Ontario Shell Station,1320 S.W. Fourth Ave.

According to police, three individuals entered the business and, with a knife, ordered the three gas station employees to the floor and proceeded to take merchandise, money and personal property from them before fleeing in a vehicle. Stewart, whom police identified as the driver of the vehicle, and Pineda were arrested shortly after the incident, and the others were arrested later.

All five young men pleaded guilty to the crime after reaching plea agreements with the Malheur County District Attorney’s Office.

Stewart and Juvenal Pineda reached a plea agreement before their trial began, Malheur County Assistant District Attorney Erin Landis said. Stewart pleaded guilty May 21 to robbery in the second degree, which is a Measure 11 crime. Landis said, although the minimum required sentence is 70 months in prison, Stewart agreed to testify against his codefendants, allowing for probation instead of prison time. Landis said the state agreed to recommend probation at his sentencing, slated for 11 a.m. July 7.

Juvenal Pineda pleaded guilty June 17 to two counts of first degree robbery, which has a presumptive sentence of 90 months apiece, 180 months total. Landis said, in the plea agreement, the district attorney’s office agreed 24 months could be served concurrently, reducing Pineda’s prison time.

“So he agreed to 13 years in prison,” Landis said, adding he was sentenced Tuesday to the 156 months. Leyva was also sentenced Tuesday to 70 months in prison after pleading guilty to one count of robbery in the second degree, in which he agreed to the district attorney’s stipulation he could not argue for probation.  Juvenal Pineda’s older brother, Clemente Pineda, will be sentenced Aug. 3 in Malheur County Circuit Court after pleading guilty to robbery in the second degree, which carries a presumptive 70 months in prison sentence. Landis said, in the plea agreement, the two sides “agreed to disagree” on what happened at the sentencing.

“The state’s going to argue for prison, and he’s going to argue for probation,” Landis said.

Likewise, Perez pleaded guilty to the same charge and will also argue for probation at his sentencing July 15.

In other court action, Ricardo Mosqueda, 50, Nyssa, pleaded not guilty June 15 to two counts of sex abuse in the first degree for alleged sexual acts involving a student in the Nyssa School District. Mosqueda, who worked as an instructional assistant at the time, was indicted by a grand jury in late April. Mosqueda’s trial dates were set for Oct. 1 and Oct. 2, and, if found guilty, he could possibly face 75 months in prison for each count.

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Comment Blog - Note: All Comments Subject To Approval

LIBERAL RESPONSES wrote on Jul 12, 2009 7:53 PM:

" You don't like America and have lived somewhere better? How about you move back there? Why are you here?
You're probably here because of the free cheese, food stamps and health care that my hard working taxes pay for you to be here! Chances are you're an illegal and don't have a greencard! Oh, what the heck, have another kid so you can pull more tax relief. What ever you do don't get a job....For sure don't stand up for America, Keep dragging her down. I'm a Veteran and I fight for your rights! Yes, there is freedom of speech and you expressed your disloyalites to this country so how about you exiting as soon as possible as you make me sick! "

anomynous wrote on Jul 12, 2009 1:34 PM:

" First of all I agree that Loren "the Rat" Stewart should also be serving his measure 11 sentence with the rest of them. Malhuer County is blind to the crimes comitted by people like Stewart. The sad thing is that he will continue to get "brakes" from the law as long as he keeps snitching. I also wanted to comment on the part of the article about Ricardo Mosqueda. It is sad to say that the D.A. Will more than likely give a deal to this sick indiivdual as well. Just like every other rapist and child molester in this county. If anyone deserves prison time it is Sick people like Ricardo Mosqueda. "

just a thought wrote on Jul 11, 2009 8:02 AM:

" To "To Liberals Anonymous":

I hear ya, but I throw this out there as food for thought:

These kids (including Loren Stewart who appears to be getting off extremely lightly considering the poor choice he made) were in fact "free" to hold up the gas station... though it was clearly a poor choice and some of them will now deal with the consequences (not sure how one can justify letting Stewart off so easily and putting the Mexican kids in jail for over 10 years but it highlights the racist nature of the local court system and should provide the Civil Rights groups plenty of fodder to take action if anyone decided to contact them). Now the kids will be "free" to sit in a cell and think about their poor choice (or, perhaps, join a gang in jail to get by and come out in 10-15 years unrehabilitated and even larger menaces to society.

Go US Justice System, Go!!!

My point: It's all about how you "frame" the concept of Freedom, isn't it. "

To LIBERALS ANONYMOUS wrote on Jul 10, 2009 6:10 PM:

" I am sorry to go off topic, but if you think this is the best country in the world, then you are seriously mistaken and have obviously never lived elsewhere. This country is the laughing stalk of this world if you didn't already know. And it's citizens walk around thinking they are free and that they have all these rights, but what most don't realize is how few of those rights we actually have left.

BUT, in defense of this country, which I do love....it COULD be the best very easily if people would step up to the plate like you stated. But to make the comment that "This is the best country in the world," well that is just simply ignorant and obviously a statement that was made with blinders on to what the rest of the world has to offer.

And if you are moving, don't go to Canada. They only do what America tells them to so you would be right back into it, lol. "

LIBERALS ANONYMOUS wrote on Jul 9, 2009 10:52 PM:

" Here's a comment for moving to Canada. Please let me know if you need help packing? This is the best country in the world and whether you like the justice system or not; it's America. Rather than turn your head and run to Canada like a draft dogger, how about run for office and make a difference? Either put up and make a difference or shut up! What a whiny Butt^&%* "

YEAH BABY wrote on Jul 6, 2009 5:54 PM:

" NO!! this DA does not have time to work at a trial. My goodness that would interfere with his rafting and ha wannabe cowboy act. What a total waste. There has not been a working DA since Frank Y.
Oh did I mention he is the grand poo phaw of the local good ol' boys club. So lay off him it takes a lot of time to fulfill his duties.LOL "

Disgusted wrote on Jul 2, 2009 2:04 PM:

" WHAT A PUNK!!!! Are you in the witness protection program? Might need to be...Your still a loser Loren!!!! "

Sad wrote on Jun 30, 2009 7:28 AM:

" Always hard to see young men throw their life away. "

Sales Tax Supporter wrote on Jun 29, 2009 7:10 PM:

" Usually you can blame outcomes like this on out of touch judges, however these boneheads never even had to take their chances in front of a judge or jury. Why is the D.A. making these poor decisions for me. "

Law and Order wrote on Jun 29, 2009 4:19 PM:

" Everyone who watches cop shows knows that the first defendant to roll gets the best deal. Stewart cracked first, he gets probation and the others do hard time. If he kept his mouth shut, how many of these guys would be back on the streets instead of going to prison? That's not a chance most DAs want to take. It happens every day in America. "

Jess wrote on Jun 29, 2009 4:10 PM:

" These plea agreements are a detriment to justice. Where do you think these little weasels get the idea that they can get away with actions which are clearly against the law? Because nobody sticks to the consequences that have been set forth! Why shouldn't you rob a gas station and threaten someones life? Because it's a bad thing to do. And what happens when we do bad things? We will be sent to jail. End of story.

And I don't know a lot about this case except what I read in the paper, but it does seem fishy to me that one of the offenders is getting a huge break and the others are not. If the "driver's" name was Carlos, would he get the same treatment? Doesn't look good for Malheur County. "

Sick of kid gloves wrote on Jun 29, 2009 3:10 AM:

" "Stewart pleaded guilty May 21 to robbery in the second degree, which is a Measure 11 crime. Landis said, although the minimum required sentence is 70 months in prison..." WHY is this acceptable? WHY? A MEASURE 11 CRIME - HOLY CRAP WHY BOTHER HAVING LAWS JUST TO HAVE THEM PLEADED TO NOTHING?!@#*^* Loren Stewart has other offenses, DUII, etc. and they're just going to let him go? WHAT? I hope the judge who hears the sentencing phase realizes how backwards and unfair this is to the others. (Read with EXTREME sarcasm) Oh, WAIT, Loren is the only one who might actually make something of himself. THAT'S RIGHT. He's white. Those awful gang bangers, they must've set Loren up! I'm sure no one AT ALL remembers him talking trash about "Mexicans" only to be seen runnin' around with a very dangerous crowd of known gang members a week later. And boy was he proud of his new friends! This is not justice folks. It's disgusting. A MEASURE 11 CRIME. NO TIME. A MEASURE 11 CRIME. HMMMM. "

sick of the crap wrote on Jun 28, 2009 9:47 PM:

" That's what we have here. Just a piece of crap. He's a drug usin' dummy, who can't tell left from right and obviously can't tell right from wrong.

If he wanted to get his life straight, going to college would have been a good idea. The post below by "slippery little" made me think. Was this jerk on a scholarship? Did my tax dollars go to pay for him to flip off his team. Maybe Loren needs to stay over in Idaho. Maybe he could find his brains there, I've seen plenty or porta-potties near the ball fields.

As for the D.A., what should we expect, we haven't seen any ballsy move from him to this point, why should he start now? "

slippery little wrote on Jun 28, 2009 3:56 PM:

" Looks like Loren gets a get-out-of-jail-free card. This little creep is lucky that he can conspire to put his buddies behind bars. Honor among thieves, eh? What he needs is some serious hard time, with some really BAD guys to show him that his life wasn't worth throwing away. But now, he will be released to run free in our communities again. How long until we see his name in this paper again? How long before he kills someone? Drives drunk, again? Drives Stoned, again? A week? 6 months? A year?

I hope he will get the idea that many people have worked very hard to make is life easier, from his "my-son-is-just-a-little-angel" mother, to his coaches, to his teachers who tried to light a fire under his lazy a**. He was given the chance at college and he literally gave them the finger (seriously, he left the football field givin' the 'ol #1 sign to the players and coaches.)

Well, Loren gets the finger from me, too. This finger means "One chance left! You might not deserve it, but it has been given. Mess up again and there won't be another. "

Big T wrote on Jun 28, 2009 11:21 AM:

" Why do criminals always get cut " a deal". The deal should be given to the victims, you know, those people that had the knife waved in front of their face and were robbed forcefully. Maybe let them kick the azzes of every crook involved.

I bet the victims are pleased to see that Loren is going to be walking the streets freely. Probation is a joke anyway, the probation office is serverley understaffed and Loren will be back to his old tricks by Monday.

But I guess I shouldn't be too surprised, this is Malheur County. But atleast its not "

Moving to Canada wrote on Jun 28, 2009 11:01 AM:

" Wait, why doesn't Stewart have to serve time?! We are talking about a violent offence, these crminals had a weapon on them and threatened the well being others. I don't care if you do roll over on all your buddies, you still should serve time, not have ALL of it crossed out for probation.

But yet if I was to grow one marijuana plant in my basement for personal use and I got caught with that, I'd be going to jail for a long time. This country is so backwards it makes me sick.

Feel safe everyone, our bonehead court system just put another dangerous offender back on the streets. "

Sick of it wrote on Jun 28, 2009 9:57 AM:

" Does this D.A. ever take anything to trial. Loren Stewart, here is a guy that got probation because he was going to testify against his buddies however he never had to testify because the D.A. plea bargained everything away. Five guys do a Robbery 1 and only one gets convicted of the crime he committed. Let's take a look at this D.A. come election time. Insteat of passing all of these new get tough laws why don't we just demand that the Oregon D.A.s use the laws that they have available to them. "


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